Search results
Each situation is unique, so there is no one “correct” way to go about licensing a patent. In some countries, a patent applicant’s intention to grant a license to third parties can be published in the official gazette. To find out more, get in touch with your national IP office.
- Contact Us
Additional information. General or legal questions about the...
- Patentscope
The PATENTSCOPE database provides access to:. published...
- Multi-stakeholder Platforms
WIPO actively involves a wide range of stakeholders — from...
- PCT
Seek patent protection in multiple countries by filing one...
- Patent Information Services for Developing Countries
In line with this part of its mandate, WIPO has assisted a...
- Alternative Dispute Resolution
The WIPO Arbitration and Mediation Center offers time- and...
- Contact Us
May 18, 2021 · The Basics of Patents. A patent is the granting of a property right to an inventor. In most countries around the world, if an inventor files a patent application, which becomes an issued patent, the inventor gets exclusive rights to the patented process, design, or invention for a fixed period of time. In exchange, the inventor agrees to offer ...
Oct 18, 2024 · You can file a foreign patent application six months after filing the U.S. patent application, or sooner if you get a PCT license to file the foreign application. Then, you can get permission for a delay of 20 or 30 months before filing a separate application in each PCT country where you want protection. Last reviewed October 2024.
- Introduction
- Filing
- International Search
- Supplementary International Search
- International Publication
- International Preliminary Examination
- National Phase
- Further Information
These frequently asked questions about the Patent Cooperation Treaty (PCT) outline the PCT procedure from an applicant’s perspective. For specific questions, further information and contact points, consult Question 29.
4) What is the effect of an international patent application?
In general terms, your international patent application, provided that it complies with the minimum requirements for obtaining an international filing date, has the effect of a national patent application (and certain regional patent applications) in or for all PCT Contracting States. Moreover, if you comply with certain formal requirements set out in the Treaty and Regulations, which are binding on all of the PCT Contracting States, subsequent adaptation to varying national (or regional) for...
5) Who has the right to file an international patent application under the PCT?
You are entitled to file an international patent application if you are a national or resident of a PCT Contracting State. If there are several applicants named in the international application, only one of them needs to comply with this requirement.
6) Where can I file my international patent application?
You can file an international patent application, in most cases, with your national patent Office, or directly with WIPO if permitted by your State’s national security provisions. Both of those Offices act as PCT “receiving Offices”. If you are a national or resident of a country which is party to the ARIPO Harare Protocol, the OAPI Bangui Agreement, the Eurasian Patent Convention or the European Patent Convention, you may alternatively file your international patent application with the regi...
13) Which Office will carry out the international search of my PCT application?
The following have been appointed by the PCT Contracting Statesas International Searching Authorities (ISAs): the national Offices of Australia, Austria, Brazil, Canada, China, Chile, Egypt, Finland, India, Israel, Japan, the Philippines, the Republic of Korea, the Russian Federation, Singapore, Spain, Sweden, Turkey, Ukraine and the United States of America, and the following regional Offices, the Eurasian Patent Office, the European Patent Office, the Nordic Patent Institute and the Visegra...
14) What is a PCT international search?
A PCT international search is a high quality search of the relevant patent documents and other technical literature in those languages in which most patent applications are filed (Chinese, English, German and Japanese, and in certain cases, French, Korean, Russian and Spanish). The high quality of the search is assured by the standards prescribed in the PCT for the documentation to be consulted, and by the qualified staff and uniform search methods of the ISAs, which are all experienced paten...
15) What is an international search report?
The international search report consists mainly of a listing of references to published patent documents and technical journal articles which might affect the patentability of the invention disclosed in the international application. The report contains indications for each of the documents listed as to their possible relevance to the critical patentability questions of novelty and inventive step (non-obviousness). Together with the search report, the ISA prepares a written opinion on patenta...
19) What is the PCT supplementary international search?
Supplementary international search permits the applicant to request, in addition to the international search (the “main international search”), one or more supplementary international searches each to be carried out by an ISA other than the ISA which carried out the main international search. The additional search has the potential of reducing the risk of new patent documents and other technical literature being discovered in the national phase since, by requesting supplementary search the ap...
20) What is the supplementary international search report?
The supplementary international search report is generally similar in content and appearance to the main international search report; it contains a listing of references to patent documents and other technical literature which may affect the patentability of the invention claimed in the international application. However, it does not repeat documents which have already been cited in the international search report, unless this is necessary because of new relevance when read in conjunction wit...
21) What does international publication under the PCT consist of?
WIPO publishes the international application shortly after the expiration of 18 months from the priority date (if it has not been withdrawn earlier), together with the international search report. PCT international applications are published online on PATENTSCOPE, a powerful, fully searchable database with flexible, multilingual interfaces and translation tools to assist users and the public in understanding the content of published applications..
22) Can third parties access documents contained in the file of the international application? If so, when?
Until international publication (18 months after the priority date), no third party is allowed access to your international application unless you as applicant request or authorize it. If you wish to withdraw your application (and you do so before international publication), international publication does not take place and, as a consequence, no access by third parties is permitted. However, when international publication occurs, certain documents in the international application file are mad...
23) What is international preliminary examination?
International preliminary examination is a second evaluation of the potential patentability of the invention, using the same standards on which the written opinion of the ISA was based (consult Question 18). If you wish to make amendments to your international application in order to overcome documents identified in the international search report and conclusions made in the written opinion of the ISA, international preliminary examination provides the only possibility to actively participate...
24) What is the value of the international preliminary report on patentability (Chapter II)?
The IPRP (Chapter II) which is provided to you, to WIPO and to the national (or regional) patent Offices, consists of an opinion on the compliance with the international patentability criteria of each of the claims which have been searched. It provides you with an even stronger basis on which to evaluate your chances of obtaining patents, in most cases on an amended application, and, if the report is favorable, a stronger basis on which to continue with your application before the national an...
25) How do I enter the national phase?
It is only after you have decided whether, and in respect of which States, you wish to proceed further with your international application that you must fulfill the requirements for entry into the national phase. These requirements include paying national fees and, in some cases, filing translations of the application. These steps must be taken, in relation to the majority of PCT Contracting States’ patent Offices, before the end of the 30th month from thepriority date. There may also be othe...
26) What happens to my application in the national phase?
Once you have entered the national phase, the national or regional patent Offices concerned begin the process of determining whether they will grant you a patent. Any examination which these Offices may undertake should be made easier by the PCT international search report and the written opinion and even more by an international preliminary examination report.
27) What is the role of WIPO in the PCT?
WIPO administers the PCT. It also serves as Secretariat to member States bodies such as the PCT Assembly, the PCT Working Group and the Meeting of International Authorities. Further, for each PCT application filed, WIPO is responsible for: – receiving and storing all application documents; – performing a formality examination; – publishing the international application on WIPO’s online database PATENTSCOPE; – publishing data about the PCT application as prescribed in the Treaty and Regulation...
28) What are the advantages of the Patent Cooperation Treaty?
The PCT System has many advantages for you as an applicant, for the patent Offices and for the general public: (a) you have up to 18 months more than if you had not used the PCT to reflect on the desirability of seeking protection in foreign countries, to appoint local patent agents in each foreign country, to prepare the necessary translations and to pay the national fees; (b) if your international application is in the form prescribed by the PCT, it cannot be rejected on formal grounds by a...
29) Where can I find out more about the PCT?
On the PCT websiteand in the various PCT publications you will find information in various language versions, including: – PCT Applicant’s Guide; – PCT Newsletter (monthly); – PCT Highlights; – Learn the PCT Video Series; – PCT Distance Learning Course; – Seminars; and – PCT Webinars If you are considering filing an international patent application under the PCT, you are advised to consult a qualified patent attorney or agent in your country, and/or your national or regional patent Office. PC...
To obtain a patent, an inventor should draft a patent application and then submit it to a national or regional intellectual property (IP) office. This process includes several steps and entails diverse costs, depending on the regional or national laws of the country or contries in which the application is filed.
May 2, 2023 · The Patent Prosecution Highway (PPH) is an arrangement between participating offices that enables applicants to obtain patents faster in multiple countries. Under the PPH, when an applicant receives a final ruling from one participating patent office that at least one claim is allowed, the applicant can request fast track examination of corresponding claim(s) in a corresponding patent ...
People also ask
Can a country file a patent application in a different country?
Do I need a USPTO patent if I have a foreign country?
When can I file a foreign patent application?
Who can file an international patent application?
Can a US patent be used in other countries?
Does every country provide the same patent rights as the USPTO?
Aug 30, 2022 · There are three commonly-used ways of obtaining foreign patent protection: file separate national patent applications in each country of interest; file an international Patent Cooperation Treaty (PCT) patent application; and. (for European countries) file a European patent application. Each of these options is discussed below.
